Committee on the Rights of the Child: Kyrgyzstan
Session 066 (2014)
(7 July 2014, CRC/C/KGZ/CO/3-4, Concluding observations on third/fourth report, paras. 32 and 33)
"The Committee notes that corporal punishment is unlawful in schools, penal institutions and residential care institutions, but is concerned that the implementation of the laws prohibiting corporal punishment is ineffective. The Committee also regrets that corporal punishment is not expressly prohibited in the home and in foster and day care.
"In the light of its general comment No. 8 (2008) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, the Committee urges the State party to prohibit in law the use of all forms of corporal punishment in all settings, in particular in the home and foster care, and provide for enforcement mechanisms under its legislation, including providing appropriate sanctions in cases of violation. It also recommends that the State party strengthen and expand awareness-raising and education programmes and campaigns, in order to promote positive, non-violent and participatory forms of child-rearing and discipline."Read more from Session 066 (2014)
Session 037 (2004)
(3 November 2004, CRC/C/15/Add.244, Concluding observations on second report, paras. 37, 38, 43, 44, 45 and 46)
"The Committee is concerned that persons below 18 allegedly continue to be subjected to torture and cruel treatment, in many cases when in police custody or awaiting trial….
"The Committee recommends that the State party:
a) undertake all necessary measures to prevent acts of torture and inhuman or degrading treatment or punishment, in particular through training of the police forces;
b) take measures to investigate, prosecute and sanction those involved in committing acts of torture and inhuman or degrading treatment or punishment against children and young persons….
"While commending the State party for the adoption of the Law on Protection from Violence (2003), the Committee expresses its concern about the abuse and neglect that take place in families, in particular with regard to children and against adolescent girls….
"The Committee recommends that the State party:
a) enforce and closely monitor the Law on Protection from Violence;
b) carry out effective public-awareness campaigns and adopt measures to provide information, parental guidance and counselling with a view, inter alia, to preventing violence against children, including the use of corporal punishment….
"The Committee welcomes the fact that the State party considers corporal punishment unacceptable and inadmissible; however, it remains concerned that corporal punishment is not explicitly prohibited in the family, in schools, in other institutions and in childcare settings.
"The Committee urges the State party to expressly prohibit corporal punishment by law in the family, in schools, in institutions and in other childcare settings. It further recommends awareness-raising and promotion of positive, non-violent forms of discipline, especially in families, schools and care institutions."Read more from Session 037 (2004)
Session 024 (2000)
(9 August 2000, CRC/C/15/Add.127, Concluding observations on initial report, paras. 33, 34, 39 and 40)
"The committee is concerned at numerous and continuing reports of ill-treatment of persons under 18 by the militia, including psychological intimidation, corporal punishment, torture and abduction. The Committee is concerned that victims of such treatment are largely from vulnerable groups, such as refugees; that children are often detained for payment from their families; and that fear of reprisals and inadequate complaints procedures discourage children and their parents from filing complaints. Like the Committee Against Torture (CAT/C/23/6), the Committee expresses concern at the absence of a definition of torture in the 1998 Criminal Code and appropriate penalties, and the apparent failure to provide prompt, impartial and full investigation into allegations of torture, as well as the failure to prosecute alleged perpetrators.
"In light of article 37 of the Convention, and recalling the Code of Conduct for Law Enforcement Officials (General Assembly resolution 34/169), the State party should take all necessary and effective steps to prevent incidents of ill-treatment from occurring. The Committee recommends that the State party implement the recommendations made by the Committee against Torture (CAT/C/23/6); provide the militia with training on how to deal with persons under 18; ensure that persons are adequately informed of their rights when they are detained; ensure that complaints procedures are simplified so that responses are appropriate, timely, child-friendly and sensitive to victims; and provide rehabilitative support to victims.
"The Committee is concerned, as the report acknowledges, that ill-treatment of children takes place in the family, institutions, and schools. The Committee is concerned that violence against women is on the rise and is a problem in Kyrgyzstan, and that this has harmful consequences on children.
"In light of articles 19 and 39 of the Convention, the Committee recommends the State party to ensure that all forms of physical and mental violence, including corporal punishment and sexual abuse against children in the family, schools and care institutions are prohibited. The Committee recommends that these measures be accompanied by public education campaigns about the negative consequences of ill-treatment of children. The Committee recommends the State party to promote positive, non-violent forms of discipline as an alternative to corporal punishment, especially in the home and schools. Programmes for the rehabilitation and reintegration of abused children need to be strengthened. Moreover, adequate procedures and mechanisms need to be established to; receive complaints; monitor, investigate and prosecute instances of ill-treatment; and ensure that the abused child is not victimised in legal proceedings. In regards to violence against girls and women, the Committee recommends the State party to implement the recommendations of the Committee on the Elimination of Discrimination Against Women (A/54/38). Attention should be given to addressing and overcoming socio-cultural barriers that inhibit victims from seeking assistance…."Read more from Session 024 (2000)